Heyman said he waited for Price to come into the building and had his phone out to record audio. The journalist with the Colorado-based news outlet pointed his phone toward Price, pushing it past his staffers so he could record Price's response.

"It's dreadful. This is my job, this is what I'm supposed to do. I'm supposed to find out if someone is going to be affected by this healthcare law … I think it is a question that deserves to be answered," Heyman said.

Journalist Dan Heyman (left) addresses the press in a video posted to the American Civil Liberties Union of West Virginia Facebook page on Tuesday. (American Civil Liberties Union o)

Heyman's lawyer, Tim DiPiero, noted that he normally would not make a comment on a case like this, but said the situation is "highly unusual."

"I've never had a client get arrested for talking too loud or anything similar to that," DiPiero said. "Mr. Heyman, I know from reputation of being a mild-mannered guy. He cleared security before he went into the building and he had no intention of doing anything other than asking a tough question.

"We just don't understand why he got arrested it just seems way over the top."

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Heyman claims he wasn't told he was in restricted area until he was arrested near the West Wing entrance of the Capitol building.

Heyman said it was his first arrest. He was charged with willful disruption of government processes and later posted a $5,000 bond.